S.Murugammal v. The Deputy Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYNARAYANAN WP.No.34687/2015 S.Murugammal ... Petitioner

Versus

1. The Deputy Registrar Dharmapuri District.

2. The General Manager [Admin] 10 H, Nethaji Bypass Road, Salem Road, Dharmapuri District. ... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to consider the petitioner's representation dated 05.10.2015 on the payment of petitioner's husband's arrears of subsistence allowance 50% from 10.10.2001, 75% from 08.01.2022 and full wages from 08.04.2002 till 02.08.2015. For Petitioner : Mr.R.Sreedharan For Respondents : Mr.R.Bala Ramesh, Additional Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

2.

The grievance expressed by the petitioner is that her late husband was an Assistant in the services of the Dharmapuri District Central Cooperative Bank and was suspended from service

on 10.10.2001 vide proceedings of the Special Officer and at the time of suspension, he was paid with monthly salary of Rs.9,222/- and pendency of the order, he died on 02.08.2015. The petitioner would further state that the petitioner's husband was paid with 50% of Subsistence Allowance from 10.10.2001 to 09.10.2002 and thereafter, it was not paid. In this regard, while he was alive, he submitted very many representations and also approached Assistant Commissioner of Labour, Salem in SA.NO.2/2002 and an order was passed directing the 2nd respondent to pay the subsistence allowance and however, it was not paid. In this regard, she has submitted a representation dated 05.10.2015 and since no orders have been passed, the petitioner came forward to file this writ petition.

3.

Heard the submissions of the learned counsel appearing for the petitioner and Mr.R.Bala Ramesh, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

5.

This Court, in the light of the above facts and circumstances, directs the 2nd respondent to consider and dispose of the representation of the petitioner dated 05.10.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 6.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP To

1. The Deputy Registrar Dharmapuri District.

2. The General Manager [Admin] 10 H, Nethaji Bypass Road, Salem Road, Dharmapuri District.

+1cc to Mr.R.Bala Ramesh, Advocate, S.R.No.59322 +1cc to Mr.R.Sreedharan, Advocate, S.R.No.59124 WP.No.34687 of 2015 SVI(CO) CA(20/11/2015)